|
DoP's plan to introduce UCPMP under EC Act evokes sharp response from pharma industry
|
|
Laxmi Yadav, Mumbai
September 16 , 2017
|
|
|
The Department of Pharmaceuticals (DoP)'s plan to introduce Uniform Code
for Pharma Marketing Practices (UCPMP) under Essential Commodities (EC)
Act, 1955 to make it more deterrent has evoked sharp response from
pharmaceutical industry.
DoP is of the view that putting UCPMP
under EC Act will make it mandatory with stringent penal provisions
thereby yielding pharma industry's compliance with the code that aims to
regulate unethical promotional practices in the industry.
A
separate legislation should be introduced for making UCPMP mandatory and
ensuring its effective implementation instead of bringing it under EC
Act which will create unrealistic environment of fear instead of
creating an environment for compliance, said the Organisation of
Pharmaceutical Producers of India (OPPI), an organisation of 40 research
and innovation driven pharmaceutical companies.
“Mandatory
implementation of UCPMP will increase accountability and ensure high
ethical standards for the pharmaceutical industry. However, the
Essential Commodities Act, 1955 is meant to specifically control
production, supply & distribution of essential commodities and not
for regulating ethical standards - for making UCPMP mandatory and
ensuring its effective implementation, the legislation must be a sui
generis one (tailor made for the issue) and must not be supplanted with
other legislations,” said Sharad Tyagi, Chair-OPPI Compliance and
Governance Work Group & Managing Director - Boehringer Ingelheim
India.
All of our members adhere to the stringent OPPI Code of
Marketing Practices. We are always willing to partner with the
government towards ensuring adherence of ethical business practices in
the pharmaceutical industry. The government should make legislation in a
manner that promotes ethical behaviour, he said.
The UCPMP, a
voluntary code was issued by the DoP in 2011 and its amended version
came out in 2015. The marketing code lacks penal provisions to deter
wrongdoers. Taking advantage of this, a number of companies have not
adhered to the marketing code. In a bid to ensure industry's cent
percent compliance with UCPMP, the DoP had decided to make the marketing
code mandatory with legal backing and penal provisions by introducing
it under EC Act. It came out with revised draft of UCPMP involving CEO
penalties and penal provisions as per EC Act. As per the draft, one
official will be deployed to monitor violation of UCPMP. The draft was
sent to the law ministry for vetting by the DoP.
The law
ministry expressed reservations over certain provisions of the revised
draft of UCPMP such as arrest of CEO of a drug company which is found to
be violating the marketing code following a complaint by NPPA. The
ministry observed that the said provision has transgressed the mandate
of EC Act and suggested modification of the provision to make it
compatible with the Act. DoP is working to overcome the hurdles pointed
out by the ministry, said Sudhansh Pant, joint secretary of DoP.
As
per the UCPMP, no gifts, pecuniary advantages or benefits in kind may
be supplied, offered or promised to persons qualified to prescribe or
supply drugs, by a pharmaceutical company or any of its agents i.e.
distributors, wholesalers, retailers, etc. Gifts for the personal
benefit of healthcare professionals and family members (both immediate
and extended) (such as tickets to entertainment events) also are not to
be offered or provided.
|
|
|
|
|
|
|
|
TOPICS
|
That foods might provide therapeutic benefits is clearly not a new concept. ...
|
|
|
|
|